Agenda - Council - 12/10/2024 - Laserfiche WebLink

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Post: —Accident Alcohol Testing Drivers are required to submit to post -accident alcohol testing as soon as possible. After an accident, consuming alcohol is prohibited until the driver is tested. If the driver is not tested within two (2) hours after the accident, the GityCity will prepare and maintain on file a record stating why the test was not administered within that time. If eight hours have elapsed since the accident and the driver has not submitted to an alcohol test, the CityCity will cease its attempts to test the driver and prepare and maintain on file a record stating why the test was not administered. The CityCity may accept the results of a blood or breath test in place of an alcohol test and urine/oral liquid test for the use of controlled substances if: • The tests are conducted by federal, state, or local officials having independent authority for the test, and • The tests conform to applicable federal, state, or local testing requirements, and • The test results can be obtained by the CityCity. Whenever such a test is conducted by a law enforcement officer, the driver must contact the C—ityCity and immediately report the existence of the test, providing the name, badge number, and telephone number of the law enforcement officer who conducted the test. Random Testing Every driver will be subject to unannounced alcohol and controlled substance testing on a random selection basis. Drivers will be selected for testing by use of a scientifically valid method under which each driver has an equal chance of being selected each time selections are made. These random tests will be conducted throughout the calendar year. Each driver who is notified of selection for random testing must cease performing safety -sensitive functions and report to the designated test site immediately. It is mathematically possible drivers may be selected be picked and tested more than once, and others not at all. If a driver is selected for a random test while he or she is absent, on leave or away from work, that driver may be required to undergo the test when he or she returns to work. Federal law requires the C,ityCity to test at a rate of at least fifty percent (50%) of its average number of drivers for controlled substance each year, and to test at a rate of at least ten percent (10%) of its average number of drivers for alcohol each year. These minimum testing rates are subject to change by the DOT. Reasonable Suspicion Testing When a supervisor has reasonable suspicion to believe a driver has engaged in conduct prohibited by federal law or this policy, the CityCity will require the driver to submit to an alcohol and/or controlled substance test. The fityCity's determination that reasonable suspicion exists to require the driver to undergo an alcohol test will be based on "specific, contemporaneous, articulable observations concerning the 1111Page